Latest NLRB Joint Employer Ruling in Browning-Ferris Overturned

The National Labor Relations Board made “multiple overlapping errors” when it refused to retroactively apply an Obama-era standard for joint employment to decide whether Browning-Ferris Industries of California Inc. co-employed recycling workers with a staffing firm, the D.C. Circuit said.

In another chapter in the long-running Browning-Ferris saga, the US Court of Appeals for the District of Columbia Circuit on Friday overturned a decision from the Trump-era NLRB holding that the waste management company wasn’t a joint employer.

The ruling keeps alive the case, which was the vehicle for the board to expand its legal test for joint employment during ...